Ex parte BASHIR-HASHEMI - Page 5

          Appeal No. 1996-0709                                                        
          Application No. 08/228,245                                                  

          Micro Devices, Inc., 977 F.2d 1555, 1571, 24 USPQ2d 1401, 1412              
          (Fed. Cir. 1992); See also E.I. du Pont De Nemours and Co. v.               
          Berkley and Co., 620 F.2d 1247, 1260 n.17, 205 USPQ 1, 10 n.17              
          (8th Cir. 1980)(“A small degree of utility is sufficient...The              
          claimed invention must only be capable of performing some                   
          beneficial function...)                                                     
               Here, we find that the specification and the literature                
          it refers to states that polynitrocubanes and functionalized                
          polynitrocubanes, which are inclusive of the claimed                        
          polynitrocubane, are useful as energetic materials, such as                 
          explosives, propellants, fuels and binders.  See page 1.  We                
          also find that the specification describes the claimed                      
          polynitrocubane as an intermediate of a final product having a              
          utility.  From these findings of fact, we can infer that the                
          claimed polynitrocubane belongs to a class of compounds whose               
          members are recognized to be useful as explosives,                          
          propellants, fuels, binders and/or their intermediates and it               
          is within the skill of the art how to use the claimed compound              
          for such a purpose.  On this record, the examiner simply has                
          not supplied any basis to question all of the aforementioned                


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